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Justinian I · The Digest of Justinian §46.2.20.pr-46.2.20.1

Capacity and Conditions for Novation by Principals and Agents

Passage 7641 of 9271 · Latin

Summary

This text defines who can validly effect a novation, covering self-performance by independent persons, actions through others by one's will, and the respective capacities of wards, tutors, and general administrators.

[IDEM libro septuagensimo secundo ad edictum. ] §46.2.20.prNouare possumus aut ipsi, si sui iuris sumus, aut per alios, qui uoluntate nostra stipulantur.
[THE SAME, On the Edict, Book 72.] We can effect a novation either ourselves, if we are independent, or through others, who stipulate by our will.
§46.2.20.1Pupillus sine tutoris auctoritate non potest nouare: tutor potest, si hoc pupillo expediat: item procurator omnium bonorum.
A ward cannot effect a novation without the authority of his tutor; the tutor can, if this is advantageous to the ward; the same is true of a general administrator of all property.

Notes

  1. §46.2.20.pruoluntate nostra — Ablative of conformity or manner, meaning "according to our will" or "with our consent". It refers to the situation where other persons act as agents or with the authorization of the principal to become the stipulating party (creditor) in a stipulation for novation.
  2. §46.2.20.1tutor potest — The infinitive `nouare` (to effect a novation) from the preceding clause is implied, meaning `tutor nouare potest` (the tutor can effect a novation). Likewise, `nouare potest` is implied after the final phrase `item procurator`.

Cite this passage

Justinian I, The Digest of Justinian §46.2.20.pr-46.2.20.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.2.20.pr-46.2.20.1

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